Lozano Smith's School District Electronic Communication Document

This document sets forth possible policy options for addressing the complexities raised by the retention of emails and the creation, sending and receipt of electronic communications related to school district business by employees and officials. Please note that there are blanks to be considered and completed in certain of the options.

Under the California Supreme Court's recent decision in City of San Jose v. Superior Court (2017) 2 Cal. 5th 608, emails sent to or from the personal accounts of school officials may be subject to production under the Public Records Act. This makes it more important than ever before to have policies and practices in place to locate and preserve emails. We have included possible policy language to address the public nature of certain electronic communications sent to or from district devices or accounts.

This document is available at no cost to California public agencies.